User Data Request Policy

Effective November 3, 2017 for new users. Effective December 3, 2017 for existing users.

You can see past versions of our User Data Request Policy in our Policy Archive.

Because the TextExpander® Service allows Team and Organization administration, requests for user data should first be referred to the relevant Team or Organization Administrator. If you send a request for data accessible to the Team or user, we will forward your request to the relevant Administrative User. All capitalized terms shall have the definition and meaning given them in our Terms of Service (“TOS”).

Smile provides prior notice to affected Team or Organization Administrators, or, where appropriate, individual Team Members when legal process is received in criminal or civil matters and such disclosure is not specifically prohibited by law. However, where Smile determines, in its sole discretion, that providing notice could create a risk of harm to specific people, to children or to Smile’s rights and interests, including the security of its network and the integrity of the TextExpander Service, no notice will be provided.

Smile requires that any individual issuing legal process to Smile properly domesticate the process and serve Smile in a jurisdiction where it is resident or has a registered agent to accept service on its behalf.

Smile does not accept legal process directly from law enforcement entities outside the U.S. or Canada. Foreign law enforcement agencies should proceed through a Mutual Legal Assistance Treaty or other diplomatic or legal means to obtain data through a court where Smile is located. Smile responds to legal process in a manner consistent with the Electronic Communications Privacy Act, 18 U.S.C. §§2501 et seq., and relevant case law. Smile does not disclose account content, including but not limited to, User-created Metadata, absent a search warrant in criminal cases. In civil cases, Smile cannot disclose content without sufficient legal process and the consent of the appropriate Smile customer(s).

Content removal requests should be directed to Team or Organization Administrators. As described in the TextExpander TOS, there are certain limitations and prohibitions on the appropriate use of TextExpander and Smile reserves the right to remove content that violates its policies. However, these decisions are better made in most cases by the Administrative Users than by Smile. Smile does remove images involving sexual exploitation of children and reports such images to the National Center for Missing and Exploited Children.